Jordan : Juvenile justice legislation should be strengthened to protect children in detention
The World Organisation against Torture, together with its partner Mizan Law Group for Human Rights, submitted an alternative report to the United Nations Committee against Torture, focusing on the juvenile justice legislation, in the context of the 81st session of the CAT, taking place on 6th and 7th November 2024.
While Jordan’s current legislation on juvenile justice is in line with some international standards regarding juvenile justice, some remaining gaps are concerning and can undermine the protection of children deprived of liberty. These include a minimum age of criminal responsibility lower than international recommendations, at 12 years old currently; the absence of explicit absolute prohibition of the use of force and of solitary confinement; the lack of oversight and complaint mechanisms for children in detention; the limited free legal aid afforded to children in conflict with the law; the lack of gender-specific protections and non-discriminatory approach to justice; the problematic lack of distinction between status offenses and criminal offenses; and more generally, the of data lack of systematic and reliable data about children deprived of liberty, and no information on abuse, ill-treatment and torture of children in detention.
Jordan's National strategy on juvenile justice 2024-2028, recently published, is a welcome step, fails to include some specific issues which we recommend addressing, including creating a data collection system and publication of data on juveniles in detention, establishing an independent complaint mechanisms for detained children as well as an independent body to monitor and oversight detention facilities, to ensure that juvenile justice facilities and practices comply with national and international standards. The authorities should also ensure the application in practice of the legislation to ensure a concrete protection to children deprived of liberty.